A federal judge ruled on Tuesday that the government is primarily responsible for a snowmobiler crashing into a U.S. Army Black Hawk helicopter that was parked on a trail at night in March 2019. While the judge also criticized the 48-year-old man for speeding and wearing tinted goggles, he was awarded $3.3 million in damages.
Jeff Smith, a Massachusetts lawyer, set out on his snowmobile to meet his brother. He was at his parents’ home to help fix his mother’s computer, staying for dinner and having two beers. During his ride, Smith crested a ridge and noticed his headlights reflected off something. By the time he realized it was a helicopter, he had crashed into it. A U.S. Army crew had flown the rotorcraft from Fort Drum in New York to Worthington, Massachusetts for night training. In his decision published by the Associated Press, U.S. District Judge Mark Mastroianni wrote:
“The court finds the government breached its duty of care in failing to take any steps to protect against the obvious risk of a camouflaged helicopter parked on an active snowmobile trail, in a somewhat wooded area, as darkness set. The helicopter and area where it was parked were not illuminated or marked in any way.”
Smith’s injuries were severe and life-altering. After the crash, he was airlifted to a trauma center and suffered a dozen broken ribs, a punctured lung and severe internal bleeding. He lives with his parents now and gets by on federal disability assistance. Before the decision, he intended to use part of the damages for surgery to attach an electronically controlled brace to his left arm. Smith told the AP:
“It would change my life. I would certainly be able to function and it would easier to do the daily activities of daily life like brushing my teeth, taking out the trash and opening door with one hand.”
The government now has 60 days to pay Smith or appeal the decision. Considering how much money the Pentagon throws around on projects, $3.3 million sounds like a drop in the bucket.